Eureka Personnel Pty Ltd Summary

[2013] FWCA 6753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eureka Personnel Pty Ltd
(AG2013/2559)

EUREKA PERSONNEL PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 SEPTEMBER 2013

Application for approval of the Eureka Personnel Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Eureka Personnel Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the case of Eureka Personnel Pty Ltd involved an application for the approval of the Eureka Personnel Pty Ltd Wheatstone Project Agreement 2013. This application was made by Eureka Personnel Pty Ltd, the employer, seeking the court's endorsement of the agreement reached between the employer and the relevant union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around the terms of the proposed agreement and whether it complied with the necessary statutory requirements for approval under the Fair Work Act 2009.

The court had to determine whether the agreement met the criteria outlined in section 232 of the Act, which includes assessing if the agreement was made in good faith and without coercion, and if it provided for the proper administration of the workplace. The court also needed to consider whether the agreement was in the best interests of the employees and if it offered fair and reasonable terms. Furthermore, the court examined if the agreement adhered to the provisions of the relevant modern awards and if it contained any clauses that could potentially undermine the protections provided by the National Employment Standards.

Upon review, the Federal Circuit Court found that the Eureka Personnel Pty Ltd Wheatstone Project Agreement 2013 satisfied the necessary criteria for approval. The court concluded that the agreement was made in good faith, without any evidence of coercion, and it provided for the effective administration of the workplace. Additionally, the court determined that the terms of the agreement were in the best interests of the employees, offering fair and reasonable conditions. The agreement also complied with the relevant modern awards, and no clauses were found to undermine the protections of the National Employment Standards. Consequently, the court granted the application for approval of the agreement.

Eureka Personnel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established